Court Acquits Security Guard in “Choco Pie Theft” Case After Nearly Two Years

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JEONJU, Nov. 27 (Korea Bizwire) — A South Korean appeals court on Thursday overturned the conviction of a security guard accused of stealing a 1,050-won snack — a case that drew widespread attention as a modern-day “Les Misérables” story and raised questions about prosecutorial discretion.

The Jeonju District Court’s criminal appeals division acquitted the 41-year-old defendant, identified only as A, who had been fined 50,000 won in the original ruling for eating a 450-won Choco Pie and a 600-won custard bun from an office refrigerator at a logistics company in Wanju, North Jeolla Province.

Although defendants in such “summary order” cases are not required to appear, A challenged the ruling and sought a full trial, prompting dozens of coworkers to submit testimony.

Appellate judges noted that 39 employees — delivery drivers and security personnel — testified that workers were regularly told they could eat snacks in the office when hungry, especially during night shifts.

The Choco Pie, a quintessential Korean snack long associated with the nation’s spirit of jeong—a warm-hearted sense of affection and human connection—has become the center of public outrage, with many criticizing the trial as a symbol of an “inhumane” and overly rigid legal process. (Image courtesy of Orion)

The court found the testimony credible, emphasizing that no employee had ever been disciplined for eating office snacks before this incident. “It is difficult to conclude that the defendant acted with intent to steal,” the panel said, ruling that A could have reasonably believed the delivery drivers had the authority to offer the snacks.

The case attracted social scrutiny after prosecutors charged A, who had a prior conviction from seven or eight years earlier for drunkenly mistaking a police car for his own and driving it about 20 meters — a record some feared would influence the outcome.

As public criticism mounted, prosecutors convened a citizens’ panel in October and later asked the court to consider a suspended sentence.

The court instead issued a full acquittal, clearing A of wrongdoing and allowing him to continue working in security.

Outside the courthouse, A’s attorney said, “This outcome was possible thanks to the attention and concern from the public and the press. The defendant was deeply ashamed to have faced trial over eating a snack because he was hungry at dawn. We are grateful for today’s decision.”

Jerry M. Kim (jerry_kim@koreabizwire.com)